Tag: Litigation Lottery

Vicious Dogs

September 26, 2018December 28, 2012

by Rick Olson

“Truth is a good dog; but always beware of barking too close to the heels of an error, lest you get your brains kicked out.” —Francis Bacon

In New Hampshire if you are even slightly “nipped” by a dog, you can make a pile of cash! We are not talking about a Pit Bull Terrier or a Rottweiler or a German Shepherd Dog. Nope. We are talking about a 15-pound Jack Russell Terrier. It is of no consequence the injury was only minor….or, non-existent. If a nasty little ankle-biter dog breaks your personal space that is worth thousands of dollars.

It is of no consequence that you entered onto the

Inebriated William Jasmin Who Fell Out Of A Tree Stand Drops His Lawsuit

September 26, 2018November 21, 2011

by Rick Olson

“A lawsuit is a fruit tree planted in a lawyer’s garden.” —Italian Proverb

William Jasmin of Manchester, the drunk, non-licensed hunter who sued a landowner following his own demise in falling from a tree stand, has dropped his lawsuit.

Jasmin suffered partial paralysis when the tree stand he attempted to enter failed, causing him to fall. Jasmin initially proffered in his original pleadings that he was “hunting” but in August amended his pleadings to assert that he was, “scouting.” while present on the land owned by Charlie Corliss, of Epsom,

Jasmin friend Randy Howe had said Corliss had given them permission to use the tree stand, however, Jasmin’s lawyer now asserts the friend had spoke to someone else who mistakenly believed it was on his property.

This very case stirred concerns and tensions within the hunting community that farmers, foresters and other large landowners might potentially close their property to hunting and other recreational uses, for fear they could be potentially held liable for recreational injuries.

Jasmin’s lawyer B.J. Branch, told The Associated Press, “this suit was never about access to land; The suit was about holding the owner of a defective product accountable.” Baloney! This suit was about William Jasmin finding the deepest possible pockets to compensate him for his own failures to act responsibly, ethically and within the laws of this state. And, while doing this, he was willing and ready to throw the entire hunting community under the bus. Eighty percent of all available hunting land is private property in New Hampshire. Clearly, this lawsuit became about access.

Evil Landlords Who Pick On Tenants

September 26, 2018July 27, 2011

by Rick Olson

“I like to think of my behavior in the sixties as a ‘learning experience.’ Then again, I like to think of anything stupid I’ve done as a ‘learning experience.’ It makes me feel less stupid.“ -P.J. O’Rourke

I was at a housing office today dropping off some “required paperwork.” As I sat waiting to review the issues that brought me there, I was forced to listen to a couple of young women talk about how they were going to hire attorneys and, “get their landlords.” Their complaints ran the gamut of being forced to get rid of pets (they were not supposed to have in the first place)… to the landlord’s refusal to repair a door broken by a boyfriend during a quarrel. Those Landlord bastards! The nerve of them! how dare they?

It is such conversations that so amuse me. For certain, being a landlord is a difficult endeavor. Take Manchvegas, for example where the city mandates Certificate Of Compliance Inspections (COC); A process that takes place every three years for those of us ‘evil bastards‘ who own multi-family residential housing. This can be an annoying process. One year’s COC inspection I was informed of a requirement to upgrade smoke detectors to the AC type with DC battery back-up. The current smoke detectors were already hard-wired so this wasn’t a difficult task. However, upon reviewing the building code, I found myself needing to call the building department for clarification. I was unable to find that specific reference. I was subsequently told the requirement had not been adopted yet. Guess it didn’t matter, though. I had already spent the 500 bucks to purchase the AC/DC smoke detector units and install them. For me this was an object lesson in (a) waiting for the post-inspection report to arrive in the mail, and (b) verifying the very issues cited in the report.

Window screens are yet another challenge. I mean, how stupid is that? Window Screens? But, a COC inspection cannot pass muster without the proper window screens in place. I always ensure window screens are in place for COC so that is not an issue. But, despite that, there are often tenants who are fundamentally challenged by the mere existence of window screens. They break them, lose them or destroy them. After I’ve replaced a couple and receive yet another request to do so, I demand the screen-challenged tenant “pony up” 22 dollars for an entire frame and screen replacement and 12 dollars for a screen replacement. The tenant gives me a bunch of indignant static. “It wasn’t on purpose!” he or she exclaims… Standing my ground and insisting, the tenant calls the building department to report my, “refusal to replace a missing window screen.” The building department subsequently issues a “violation of the COC:” “failure to have the window screens in place.” A landlord keeping proper track of expenses will quickly conclude that spending $700 per year on window screens is excessive and unreasonable.

William Jasmin The Beer Hunter

September 26, 2018July 23, 2011

by Rick Olson

“He uses statistics like a drunk uses lamp-posts, more for support than illumination…” ~Romano Prodi

“(Attorney B.J. Branch) acknowledged that Jasmin had been drinking on the day of the accident but said he had only consumed one 16-ounce Pabst Blue Ribbon beer and was at or below the legal limit for intoxication. He added that because of Jasmin’s serious blood loss, the blood alcohol test may not have been accurate.” -Concord Monitor, 7/20/11

If one reads attorney Branch’s comment to the monitor at face value, you might just have the initial reaction that I had: “I think this attorney is full of crap.” The comment on its face suggests that Jasmin’s blood alcohol concentration cannot be effectively measured because he had experienced significant blood loss immediately after his fall.

Blood Alcohol Concentration measured is always the current and existing level in the blood at the time of a serological draw. BAC refers to the percent of alcohol in a person’s blood stream. For example, a BAC of .10% means that the individual’s blood supply contains one part alcohol for every 1000 parts blood. That is the alcohol concentration existing in the blood stream at the proximal time of the draw. If a person consumed another several alcoholic beverages only minutes prior to the draw, that alcohol content has a higher probability of not being reflected in a test.

William Jasmin: A Man Without A Hunting License

September 26, 2018July 21, 2011

by Rick Olson

“Lawyers spend a great deal of their time shoveling smoke.” ~Oliver Wendell Holmes, Jr.”

In my previous entry about a “Hunter” who was seriously injured when a tree stand that he climbed into collapsed, causing him to fall, there was a presumption that the “Hunter” was lawfully engaged in the activity of hunting upon the land of Charles Corliss. That is not the case. WILLIAM JASMIN HAD NO LICENSE TO HUNT.

On Wednesday, July 13, I went to the New Hampshire Fish & Game Licensing Division and filled out the form, N.H. FISH AND GAME DEPARTMENT INFORMATION REQUEST . “The information requested was not found” was how the form was returned.

This morning’s, Concord Monitor featured a story entitled, “Hunter falls from tree, sues property owner” where in that story Jasmin’s attorney B.J. Branch admits that Jasmin was drinking the day of the accident and he tells the monitor, “[w]as at or below the legal limit for intoxication. He added that because of Jasmin’s serious blood loss, the blood alcohol test may not have been accurate…”

But all of that aside, other questions arise. For example, N.H. RSA 635:2 (Criminal Trespass) states in part, “A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place…”

RSA 214:1(License Required) states in part, “No person, except as hereinafter provided, shall at any time fish, hunt, trap, shoot, pursue, take or kill…[w]ild animals in this state, without first procuring a proper and valid license to do so, and then only in accordance with the terms of such license and subject to all the provisions of this title…”

When Jasmin, through his attorney filed his writ, he asserted, “On or about November 17, 2009, William Jasmin sustained serious injuries while hunting on property owned by the defendant…” Jasmin, through his attorney, made a “sworn statement that he was “hunting.”

RSA 207:36-a (Use of Tree Stands) states in part, “No person shall erect, build or use a tree stand… [o]n land of another person that damages or destroys a tree by inserting into the tree any metallic, ceramic, or other object used as part of a ladder or observation deck, without express written permission from the property owner or designee...” Jasmin asserts he had an “invite” to use the tree stand. Chuck Corliss states he hasn’t hunted in 40 years and was not aware of the tree stand’s presence. I believe Chuck Corliss and if the court does, then Jasmin violated yet another law. If a person hunting happens upon a tree stand and climbs into the stand…and branches have been cut, and then a Conservation Officer thereafter happens along, the C.O. is going to ask for the persons “written permission” to have a tree stand where limbs have been removed. Having no permission, a citation is inevitable.